HomeMy WebLinkAboutSD-07-30 - Decision - 1630 Dorset Street#SD-07-30
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
LESLIE WILLIAMS — 6-LOT SUBDIVISION
1630 DORSET STREET
FINAL PLAT APPLICATION #SD-07-30
FINDINGS OF FACT AND DECISION
Leslie Williams, hereinafter referred to as the applicant, is seeking final plat approval for
a planned unit development consisting of: 1) subdividing a 7.97 acre parcel developed
with a single family dwelling into six (6) lots ranging in size from .55 acres to 2.52 acres,
1630 Dorset Street. The Development Review Board held a public hearing on Tuesday,
June 5, 2007. Leslie Williams was present at the meeting.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. The applicant is seeking final plat approval for a planned unit development
consisting of: 1) subdividing a 7.97 acre parcel developed with a single family
dwelling into six (6) lots ranging in size from .55 acres to 2.52 acres, 1630 Dorset
Street.
2. The owners of record of the subject property are J. Larry & Leslie Williams.
3. The subject property is located in the Southeast Quadrant — Village Residential
(SEQ-VR) Zoning District.
4. The plans submitted consist of a nine (9) page set of plans, page one (1) entitled,
"Plans of Lands of J. Larry & Leslie Williams 1630 Dorset Street South
Burlington, VT", prepared by Lamoureux & Dickinson Consulting Engineers, Inc.,
dated 1/24/07, last revised on 3/8/07.
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Zoning District & Dimensional Requirements
Table 1. Dimensional Requirements
SEQ-VR
[-ZoningDistrict
Requirement/Limitation
Proposed
� Min. Lot Size
12,000 SF
_
24,062 SF
4 Max. Density
1.2 units/acre base density
(max of 8/acre with TDR)
1.38 units/acre **
Max. Building Coverage
15%
Max. Total Coverage
30%
Min. Front Setback
20 ft.
25 ft.
Min. Side Setback
10 ft.
15 ft.
Min. Rear Setback
30 ft.
>30 ft.
zoning compliance
A the applicant has stated that they will be pursuing the purchase of
two development rights (TDRs) for this property; this will allow them
the ability to have up to 8 dwelling units per acre with the appropriate
number of TDRs. The applicant has included legal documents which
demonstrate this purchase. The legal document transferring the two
(2) TDR's has yet to be approved by the City Attorney. The Board
should discuss whether it is willing to approve the project without this
document being approved.
** The proposed density herein is calculated based on the maximum of
10 new residential units for a total of 11 units, on six residential lots.
♦ The maximum building coverage for a single family home on an
individual lot to be sold as such is 15% of the individual lot. The
maximum lot coverage of all impervious surfaces shall be 30%.
SUBDIVISION CRITERIA
Pursuant to Section 15.18 of the South Burlington Land Development Regulations,
subdivisions shall comply with the followina standards and conditions:
The project is designed to be visually compatible with the planned development
patterns in the area, as specified in the Comprehensive Plan and the purpose of the
zoning district(s) in which it is located.
The standards for this criterion are found below in a review of the regulations of the
Southeast Quadrant.
The project is consistent with the goals and objectives of the Comprehensive Plan
for the affected district(s).
The proposed subdivision of this property is in conformance with the South Burlington
Comprehensive Plan.
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Southeast Quadrant District
This proposed subdivision is located in the southeast quadrant district. Therefore it is
subject to the provisions of Section 9 of the SBLDR.
9.06 Dimensional and Design Requirements Applicable to All Sub -Districts
The following standards shall apply to development and improvements within the
entire Southeast Quadrant Zoning District.
A. Height.
(1) The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or
SEQ-NR sub -district shall not exceed forty-five feet (45'); the waiver provisions
of Section 3.07(E) shall not apply to occupied structures in these sub -districts.
(2) The maximum height of any occupied structure in the SEQ-VR or SEQ-VC
sub -district shall not exceed fifty feet (50'); the waiver provisions of Section
3.07(E) shall not apply to occupied structures in these sub -districts.
No buildings are proposed as part of this application. The administrative officer shall
ensure that this criterion is met when issuing zoning permits for the lots.
B. Open Space and Resource Protection.
(1) Open space areas on the site shall be located in such a way as to maximize
opportunities for creating usable, contiguous open spaces between adjoining
parcels
The layout of the proposed subdivision protects the existing pond in the central portion of
the property. In addition, the layout of the project provides an open space strip along the
easterly side of the property.
(2) Building lots, streets and other structures shall be located in a manner
consistent with the Regulating Plan for the applicable subdistrict allowing
carefully planned development at the average densities provided in this bylaw.
The streets and building lots to be consistent with the regulating plan.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing
management shall be established by the applicant.
The applicant has provided draft deed covenants with language to demarcate and
protect the open spaces and the wetland and wetland buffers on the site. Given the
relatively small size of the development, the Board finds that this is sufficient.
(4) Sufficient grading and erosion controls shall be employed during construction
and after construction to prevent soil erosion and runoff from creating unhealthy
or dangerous conditions on the subject property and adjacent properties. In
making this finding, the Development Review Board may rely on evidence that the
project will be covered under the General Permit for Construction issued by the
Vermont Department of Environmental Conservation.
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The proposed project shall adhere to standards for erosion control as set forth in Section
16.03 of the South Burlington Land Development Regulations. In addition, the grading plan
shall meet the standards set forth in Section 16.04 of the South Burlington Land
Development Regulations.
The applicant has submitted a sufficient grading and erosion control plan for the
construction of the road.
(5) Sufficient suitable landscaping and fencing shall be provided to protect
wetland, stream, or primary or natural community areas and buffers in a manner
that is aesthetically compatible with the surrounding landscape. Chain link
fencing other than for agricultural purposes shall be prohibited within PUDs; the
use of split rail or other fencing made of natural materials is encouraged.
The subject property contains identified Class II and Class III wetlands. The building
envelope as proposed on lot 5 will encroach into the 50 foot Class III buffer. Furthermore,
Sadie Lane as proposed encroaches into the 50 ft. buffer of a Class II wetland located to
the property to the south.
The proposed road, though in conflict with the buffer of the wetland to the south, is located
in the most appropriate position on the lot given that it allows for the greatest contiguous
areas of open space on the property and that it aligns itself with an already approved
recreational path easement. Furthermore, the applicant had narrowed the width of the
roadway where it crosses the wetland buffer to 20 feet, the narrowest allowable under the
land development regulations.
The applicant has received a State Wetlands Conditional Use Determination for the
roadway's Class II wetland buffer impacts.
The applicant's wetland expert testified before the Natural Resources Committee with
respect to a previous application that the proposed Class III buffer impacts will have no
adverse impacts on the major functions of the wetlands. The Board realizes that it is
difficult to balance all natural resources protection with appropriate development and
infrastructure planning. In this case, the Board strongly feels that the alignment of the
road far outweighs the encroachment into the minor wetland buffer, particularly one
which will not be adversely impacted by the development.
The Board recommends the following language be implemented as part of the deed
covenants in order to protect the wetlands.
a) There shall be no use of pesticides in any wetlands or wetland buffers on
the subject property.
b) The applicant shall delineate the wetlands to the rear of Lot 5 through
either landscaping or natural fencing. A line of trees tolerant to wet soil
and approved by the City Arborist, or a split rail fence, is suggested. The
plans depict a split rail fence along the wetland buffer.
C. Agriculture. The conservation of existing agricultural production values is
encouraged through development planning that supports agricultural uses
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(including but not limited to development plans that create contiguous areas of
agricultural use), provides buffer areas between existing agricultural operations
and new development, roads, and infrastructure, or creates new opportunities for
agricultural use (on any soil group) such as but not limited to community -
supported agriculture. Provisions that enhance overall neighborhood and natural
resource values rather than preservation of specific soil types are strongly
encouraged.
This criterion is not applicable to this application.
D. Public Services and Facilities. In the absence of a specific finding by the
Development Review Board that an alternative location and/or provision is
approved for a specific development, the location of buildings, lots, streets and
utilities shall conform with the location of planned public facilities as depicted on
the Official Map, including but not limited to recreation paths, streets, park land,
schools, and sewer and water facilities.
(1) Sufficient water supply and wastewater disposal capacity shall be available to
meet the needs of the project in conformance with applicable State and City
requirements, as evidenced by a City water allocation, City wastewater allocation,
and/or Vermont Water and Wastewater Permit from the Department of
Environmental Conservation.
The City of South Burlington Water Department has plans and provided comments in a
letter dated May 2, 2007.
The applicant has been granted final wastewater allocation from the Director of Planning
and Zoning.
(2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines,
and lighting shall be designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent properties.
The applicant is proposing to continue the road and sidewalk to the northern property
line. A recreation path currently extends to the eastern property line and connects to the
Cider Mill development. This is sufficient to serve as an extension to adjacent
properties.
(3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a
manner that is consistent with City utility plans and maintenance standards,
absent a specific agreement with the applicant related to maintenance that has
been approved by the City Council.
The proposed recreation path and sidewalks are in conformance with City standards.
(4) The plan shall be reviewed by the Fire Chief or his designee to insure that
adequate fire protection can be provided, with the standards for evaluation
including, but not limited to, minimum distance between structures, street width,
vehicular access from two directions where possible, looping of water lines, water
flow and pressure, and number and location of hydrants.
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The applicant has provided a diagram showing vehicle turning templates for both a school
bus and a tower fire truck. The applicant has stated that they have enlarged the turnaround
since utilizing the templates and that the turnaround is now sufficient for both a full sized
emergency vehicle and a school bus.
Other comments pertaining to the turnaround may be found in the "circulation" portion of
this report.
E. Circulation. The project shall incorporate access, circulation and traffic management
strategies sufficient to prevent unsafe conditions on of adjacent roads and sufficient to
create connectivity for pedestrians, bicycles, vehicles, school transportation, and
emergency service vehicles between neighborhoods. In making this finding the
Development Review Board may rely on the findings of a traffic study submitted by the
applicant, and the findings of any technical review by City staff or consultants.
The access and circulation on the site to be adequate and appropriate. There is no
need for any traffic studies or technical reviews by consultants.
(1) Roads shall be designed in a manner that is compatible with the extension of
such services and infrastructure to adjacent properties.
The applicant is proposing to continue the road and sidewalk to the northern property
line, and a recreation path to the eastern property line. This is sufficient to serve as an
extension to adjacent properties.
(2) Roads shall be designed in a manner that is consistent with City roadway
plans and maintenance standards, absent a specific agreement with the applicant
related to maintenance that has been approved by the City Council.
The applicant is proposing to serve lots 3, 4, and 5 via a 24' wide paved public roadway in a
50' Right of Way. This meets the standards set forth in Table 9-4, Street Design Criteria for
Local Streets in the SEQ-VR zoning district. The applicant is proposing that the roadway be
narrowed to 20 feet at the wetland crossing. This is acceptable and in compliance with the
above -stated regulations.
A hammer head turnaround is proposed for the furthest extent of the road, located at the
northern property line.
The Director of Public Works has provided comments on the project in a memo dated June
2, 2006. The Board concurs with most points but notes that the driveway is not in a public
but rather a private right of way. The Board has no issues with its location.
The South Burlington City Engineer has reviewed the plans and issued comments in a
memo dated May 24, 2007. The Board concurs with most items, but disregards items #1,
#2, #3 and #10 per comments already included in the findings above.
The applicant has shown a proposed street name for the project. This has been granted
final approval by the planning commission.
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(3) The provisions of Section 15.12(D)(4) related to connections between adjacent
streets and neighborhoods shall apply.
9.09 SEQ-VR Sub -District; Specific Standards
The SEQ-VR sub -district has additional dimensional and design requirements, as
enumerated in this Section.
A. Street, Block and Lot Pattern
(1) Development blocks. Development block lengths should range between 300
and 400 linear feet; see Figure 9-2 for example. If longer block lengths are
unavoidable blocks 400 feet or longer must include mid -block public sidewalk or
recreation path connections.
This criterion is not applicable to this application. The development as planned is too
small to warrant neighborhood blocks.
(2) Interconnection of Streets. Average spacing between intersections shall be 300
to 400 feet. Dead end streets (e.g. culs de sac) are discouraged. Dead end streets
may not exceed 200 feet in length. Street stubs are required at the end of dead end
streets to allow for future street connections and/or bicycle and pedestrian
connections to open space and future housing on adjoining parcels per section
15.12(D)(4).
A dead end street is appropriate in this case as it will potentially be continued in the
future to access additional properties. The applicant is proposing to pave the street to
the property line which will serve this connection.
(3) Street Connection to Adjoining Parcels. Street stubs are required to be built to
the property line and connected to adjacent parcels per section 15.12(D)(4) of
these Regulations. Posting signs with a notice of intent to construct future streets
is strongly encouraged.
The Board has already commented on paving the street fully to the property line. The
applicant should provide language in the sale of the properties and/or covenants that
inform the buyers of the new lots that the road will potentially be continued in the future
as a through -road.
(4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of
1:2.5 to 1:5 recommended.
All of the proposed lots meet this requirement with the maximum ratio being 1.2.8.
B. Street, Sidewalk & Parking Standards
(1) Street dimensions and cross sections. Neighborhood streets (collector and
local) in the VR sub -district are intended to be low -speed streets for local use thal
discourage through movement and are safe for pedestrians and bicyclists.
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Dimensions for public collector and local streets shall be as set forth in Tables 9-3
and 9-4, and Figures 9-8 and 9-9 below.
(2) Sidewalks. Sidewalks must be a minimum of five feet (5') in width with an
additional minimum five-foot planting strip (greenspace) separating the sidewalk
from the street. Sidewalks are required on one side of the street, and must be
connected in a pattern that promotes walkability throughout the development. The
DRB may in its discretion require supplemental sidewalk segments to achieve this
purpose.
These criterion are being met.
(3) Street Trees; see Section 9.08(B)(3)
Street trees are required along all streets in a planting strip a minimum of five feet
wide. Street tress shall be large, deciduous shade trees with species satisfactory
to the City Arborist. Street trees to be planted must have a minimum caliper size
of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30') on
center.
The City Arborist has reviewed the street tree planting plan and has stated that it is
acceptable.
(4) On -street parking; see Section 9.08(B)(4).
There is no on -street parking proposed. No on -street parking shall be allowed unless
the roadway is revised to reflect the minimum pavement width for parking on one side of
26'. The roadway as proposed is 24'.
(5) Intersection design. Intersections shall be designed to reduce pedestrian
crossing distances and to slow traffic; see Figure 9-6 and Section 9.08(B)(5).
There are no street intersections as part of this proposal and so this criterion is not
applicable.
(6) Street and sidewalk lighting. Pedestrian -scaled light fixtures (e.g., 12' to 14')
shall be provided sufficient to ensure pedestrian safety traveling to and from
public spaces. Overall illumination levels should be consistent with the lower -
intensity development patterns and character of the SEQ, with lower, smoother
levels of illumination (rather than hot -spots) and trespass minimized to the lowest
level consistent with public safety.
The applicant has submitted lighting details which meet the standards for the Southeast
Quadrant Zoning district. The City Engineer has provided comment on the necessity of
street lighting for the project in the memo dated May 24, 2007.
C. Residential Design
(1) Building Orientation. Residential buildings must be oriented to the street.
Primary entries for single family and multi -family buildings must face the street.
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Secondary building entries may open onto garages and/or parking areas. (Special
design guidelines apply to arterial streets).
(2) Building Fagades. Building facades are encouraged to employ a theme and
variation approach. Buildings should include common elements to appear unified,
but facades should be varied from one building to the next to avoid monotony.
Front porches, stoops, and balconies that create semi -private space and are
oriented to the street are encouraged.
(3) Front Building Setbacks. In pedestrian districts, a close relationship between
the building and the street is critical to the ambiance of the street environment.
Buildings should be set back fifteen feet (15') from the back of sidewalk.
(4) Porches, stoops, and balconies may project up to eight feet (8') into the front
setbacks. Porch, stoop and balcony areas within the front setback shall not be
enclosed or weatherized with glazing or other solid materials.
(5) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The
front building line of the garage must be set behind the front building line of the
house by a minimum of eight feet.
(6) Mix of Housing Types. A mix of housing types is encouraged within
neighborhoods and developments. Housing types should be mixed within blocks,
along the street and within neighborhoods rather than compartmentalized into
sections of identical housing types.
The Board has previously stated that they do not wish to impose these design guidelines
on this proposal at this time.
This proposed subdivision is located in the southeast quadrant district. Therefore it is
subject to the provisions of Section 15.18(B).
DECISION
Motion by Gavle Quimby, seconded by Roger Farley, to approve Final Plat Application
#SD-07-30 of J. Larry & Leslie Williams, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect, except as
amended herein.
2. This project shall be completed as shown on the plat submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3. The plans shall be revised to show the changes below and shall require approval
of the Administrative Officer. Four (4) copies of the approved revised plans shall
be submitted to the Administrative Officer prior to recording.
a. The plans shall be revised where necessary to comply with the comments of the
South Burlington Public Works department including:
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* all signage to be provided
* no brick in manholes
* pavement thickness to be 4"
* all pavement markings to be durable, inlaid tape or vinyl
• driveways to buildings on lots 4 and 5 shall not be located near the hammerhead
turn
b. The plans shall be revised to comply with the requests of the City Engineer per
the memo dated May 24, 2007, with the exception of items #1, #2, #3 and #10.
c. The plans shall be revised to include electrical conduit for a future street light
at the street corner.
d. The plans shall be revised to relocate the proposed street light at the Dorset
Street intersection so that it is five (5) feet from the sewer line.
4. The applicants shall comply with the requests of the City Engineer as outlined in the
memo dated May 24, 2007, with the exception of items #1, #2, #3 & #10.
5. The applicant shall adhere to the comments of the South Burlington Water
Department per the letter dated February 12, 2007. The South Burlington Water
Department shall review all future sets of plans and provide comments.
6. The City Attorney shall review and approve all legal documents pertaining to the
purchase and sale of development rights associated with this application prior to
recording of the final plat plan.
7. All land development, including but not limited to expansions, sunrooms, patios, and
decks, shall be limited to the building envelope shown on the plans submitted as
part of this application and applicable dimensional requirements of the district. Said
structures shall be permitted through zoning permits by the Administrative Officer.
Any land development on said lots extending beyond the approved building
envelopes shall require an amendment to the PUD in application to the
Development Review Board.
8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
9. The applicant shall submit deed covenants with language intended to demarcate
and protect the open spaces and wetlands and wetland buffers for all lots which
include wetlands prior to issuance of a zoning permit for construction of the first unit.
This language shall meet with the satisfaction of the City Attorney.
10. The applicant shall adhere to the following stipulations concerning the wetlands
buffer:
a. There shall be no use of pesticides in any wetlands or wetland buffers on
the subject property.
b. The applicant shall delineate the wetlands to the rear of Lot 5 through a
wood split rail fence.
11. Pursuant to Sections 12.02(E)(2) & (3) of the Land Development Regulations,
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the DRB approves encroachment into a Class II wetland for Sadie Lane and
encroachment into 25 feet of Class III wetland on lot 5. Any building constructed
on lot #5 shall be sited such that it's construction shall not result in the
encroachment into the 25 foot wetland buffer.
12. The DRB hereby approves the transfer of two (2) development rights from 51
Van Sicklen Road to this subdivision.
13. Prior to issuance of a zoning permit for the first lot or start of utility or road
construction, all appropriate legal documents including easements (e.g. irrevocable
offer of dedication and warranty deed for the proposed public road, and utility,
sewer, drainage, and water, etc.) shall be submitted to the City Attorney for approval
and recorded in the South Burlington Land Records.
14. Prior to start of the improvements described in #13 above, the applicant shall post a
bond which covers the cost of said improvements and shall post a $7800
landscape bond for the street trees which shall remain in effect for three (3) years.
15. In accordance with Section 15.14(E)(2) of the Land Development Regulations,
within 14 days of the completion of the required improvements, the developer shall
submit to the City Engineer "as -built" construction drawings certified by a licensed
engineer.
16. The applicants shall notify all buyers in the subdivision that Sadie Lane will
potentially be continued in the future as a through -road and a statement to this
effect shall be placed in the covenants and a copy submitted with the final plat
submittal.
17. There shall be a maximum of 11 dwelling units within this subdivision unless
otherwise approved by the DRB. No lot shall be developed with more than two (2)
dwelling units unless otherwise approved by the DRB.
18. Prior to recording the final plat plans, the applicant shall record the document
entitled, "Density Reduction Easement and Transfer of Development Rights" upon
approval of the City Attorney in the South Burlington land records.
19. Street addresses for each of the new lots shall be determined by the Enhanced
9-1-1 Coordinator at the time of permit issuance.
20. The mylar shall be recorded prior to any permit issuance.
21. Any changes to the final plat plan shall require approval of the South Burlington
Development Review Board or the Administrative Officer.
22. The final plat plan (subdivision plat) shall be recorded in the land records within
180 days or this approval is null and void. The plan shall be signed by the Board
Chair or Clerk prior to recording. Prior to recording the final plat plan, the
applicant shall submit a copy of the survey plat in digital format. The format of
the digital information shall require approval of the Director of Planning and
Zoning.
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Mark Behr — y.2a/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — y2a/nay/abstain/not present
Eric Knudsen — yea/nay/abstain/not present
Peter Plumeau — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Motion carried by a vote of 4-0-0
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Signed this Z2 day of —Ay N - 2007, by
Mark Behr, Vice Chairman
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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